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Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)

....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......ilants striking the deceased with 'a long dao' although he has got no enmity with the deceased, a poor, old person. His definite defence is that he had brought some allegations in writing against Sub-Inspector of Police, Sekander All (P.W. 6) and then filed a Civil Suit against him and that out of t......Information Report within the meaning of section 154 of the Crl.P.C. and all subsequent information fall within the purview of section-161 of the Crl. P.C. No such "information” was recorded in the General Diary, but the Daroga appeared on the scene suo motu after mid-day and recorded the ejahar a.......W. 1 Majeda Khatun narrated to them and her recogni­tion. Among the remaining witnesses P.W. 6 Md. Sekandar Ali who filled in the F.I.R. form stated that appellant Kamini filed a civil suit against Police Officer but denied the suggestion that Kamini has been impli­cated out of that grudge, P.W. ..

Category: Criminal Law | Date: | Hits: 56

Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)

....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..

Category: Criminal Law | Date: | Hits: 38

Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)

.... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......cca Jute Miils Ltd., PLD 1968 Dae 610. Mrs. A. Ananthalakshmi Ammal vs. Tijjin's Barytes, Asbestos and Paints Limited, AIR 1952 Mad 60 at para 3; The Indian Spinning Mills Ltd. vs. His Excellency Lt. General Madan Sharnsher Jang Bahadur Rana, AIR 1953 Cal 355 at para 21; Bal. Krishna Maheshwari Vs. ...... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..

Category: Business or Commercial Law | Date: | Hits: 111

Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)

....1955, authorised the Military Estate Officers as specified in the Schedule of the said Notification, to sign and verify the plaint or written state­ment in a suit by or against the Govern­ment. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Def...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......awyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For Respondent Nos. 1, 2 and 5. Ex-parte—...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..

Category: Tenancy Law | Date: | Hits: 108

A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)

.... from prosecu­tion. In this case there was no such applica­tion from the Public Prosecutor but the 'Magistrate allowed the withdrawal on perusal of the order of the Government forwarded through the Deputy Commissioner. This is clearly illegal; the Magistrate must act ac­cording to his judicial di......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ..

Category: Criminal Law | Date: | Hits: 71

Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)

....sing the Tribunal's order and dismissing the election-petition. The appeal is, accord­ingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accord­ingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accord­ingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......mending the election-petition so as to include therein a prayer for recounting the ballot-papers. The learned Counsel has also referred to a G.D Entry in this connection made by the respondent to the Police on 29-3-84 to the effect that he was apprehending that election materials, particu­larly the..

Category: Election Law | Date: | Hits: 140

Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)

....the "District Magistrate" used in sections 12,23 and 24 of the Printing Presses and Publications (Declaration and Registration) Act, 1973 did not include Additional District Magistrate/Additional Deputy Commissioner, He further submitted that under the provisions of section 19 of the General C......­cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......the Act. By virtue of the definition an Additional District Magistrate is also included in the term District Magistrate. The Code of Civil Procedure, 1908 (V of 1908), section 10 The General Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10......85 in the High Court Di­vision challenging that the order dated 16th April 1985 passed by respondent No. 1, Dis­trict Magistrate, Kushtia by which he directed respondent No. 3, Officer-in-Charge of Police Station, Kushtia to enter upon and seize all unauthorized newspapers, documents and press and..

Category: Information Technology Law | Date: | Hits: 226

Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)

....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......both the appeals) Judgment February 19, 1985. Cases Referred to- PLD 1967 S C. 317, 19DLRS.C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai AIR 1968 (S.C.) 1444 Attorney General Vs Sillen (1864) 10 H.L.C. 704 Molik Manzoor Elahi vs. Lala Bishamber Das, 16 DLR (SC) 246. ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..

Category: Criminal Law | Date: | Hits: 42

Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)

.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... Lawyers Involved: Syed Istiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on Record—For the Appellants. A. W Bhuiyan, Additional Attorney General, B Hossain, Advocate-on-Record— For the Res­pondent. Criminal Appeal No. 13 of 1985. ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)

....hich the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tangail in Case No.1 (XIII) S.D.O 71(7)/3 (XIII) J.D.C. is illegal, void, inoper......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ....... C. Supreme Court. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record —For the Appellants (In both cases). K.A. Bakr. Attorney-General, (A.W. Bhuiyan, Additional Attorney-General with him) instruc­ted by B. Hossain, Advocate o......(Rev.) Tangail. The Sub-Divisional Officer, Tangail, the Circle Officer (Revenue), Nagarpur, Tangail. The Officer-in-Chairman, Nagarpur, P S. Nagarpur. The Cha­irman, Salimabad Union Parishad, Union Police nation Nagarpur, District Tangail....Opposite parties. ORDER The present petition has b..

Category: Property Law | Date: | Hits: 202

Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)

....istrate and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the contemner. In the Memo he has not only asked the Deputy Commissioner, Rangpur to note the absence of the Munsif Magistrate without intimation to th......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......kwal vs. State of U.P., AIR 1984 SC 1374. Lawyers Involved: S R. Pal, Senior Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Re­cord— For the Respondent No. 1. B. Hossain......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..

Category: Criminal Law | Date: | Hits: 49

AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)

.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1896, “District Judge” Interpretation of Statutes District Judge...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..

Category: Election Law | Date: | Hits: 154

Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)

.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... about Amir Ali's family and his wives. P.W. 10 (80) was the Secretary of Saheb Bazar Mosque in Rajshahi town and thereafter its Imam and was a friend of Amir Ali and P.W. 11 (70) is a retired Sub-Inspector of Police who was Officer-in-Charge of Rampur-Boalia Police Station in 1952/53 and had p...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......li's family and his wives. P.W. 10 (80) was the Secretary of Saheb Bazar Mosque in Rajshahi town and thereafter its Imam and was a friend of Amir Ali and P.W. 11 (70) is a retired Sub-Inspector of Police who was Officer-in-Charge of Rampur-Boalia Police Station in 1952/53 and had perso­nal kno..

Category: Family Law | Date: | Hits: 239

Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)

....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......hat there is a mistake in the decree of 1853, occasioned by an accidental omission and that mistake ought to have been corrected as a matter of course." Retort was taken to the provision of General Order of 1843 which provides that any clerical mistake in a decree or any error arising from......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..

Category: Property Law | Date: | Hits: 48

Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)

....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......s…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (X of 1897) Section 27 The learned Judges of the High Court Divisi......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)

....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..

Category: Family Law | Date: | Hits: 152

Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)

....tedly contain an admission of the respon­dent (defendant No.1) that he was a tenant under the appellant. These exhibits are cer­tified copies of two applications of the respondent to the Additional Deputy Comm­issioner (Revenue) praying for settlement to the suit-premises from the Government, the......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..

Category: Property Law | Date: | Hits: 37

Government of Bang­ladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)

....late Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Government of Bang­ladesh, represented by the Deputy Com­missioner, Mymensingh…… …………………………………Appellant Vs. A......s unfounded. In the result, therefore, this appeal is dis­missed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dis­missed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dis­missed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..

Category: Property Law | Date: | Hits: 37

Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)

....) (1986) 81. ......rder of the High Court Divi­sion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......gladesh, 33 DLR (AD) 371; B S I Corporation Vs. Mahbub Hossain, 29 DLR (AD) 41; Gould Vs. Minister of National Insurance, All E. R. 1951 Vol. (1) p. 368. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of Indi......rder of the High Court Divi­sion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..

Category: Employment/Service Law | Date: | Hits: 124

Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)

.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......er was assaulted and she was sought to be abducted by Nurul Islam's party, whereupon a counter-case was also started. 4. The prosecution examined 9 witnesses including the Post Mortem doctor and 2 Police personnel and rendered 11 witnesses. No wit­ness was examined by the defence. On consi­dera..

Category: Criminal Law | Date: | Hits: 60